LAUREN EMERSON QUOTED IN WTR ON SCOTUS TRADEMARK DECISION

In Romag Fasteners v Fossil, the Supreme Court issued a unanimous decision, holding that willful intent is not a prerequisite to securing an award of lost profits in a trademark infringement case. In an analysis and reaction from trademark professionals in World Trademark Review, our own Lauren Emerson remarked as follows: “Unless and until we see the number and amount of disgorgements dramatically increase, I do not foresee much of a practical impact beyond trademark owners rattling their sabres a little louder. Romag will not meaningfully impact the decision to litigate (or not) and wilfulness will continue to be a hotly contested issue due to its persuasive effect. The real impact here is on judicial discretion, which continues to expand.” See https://www.worldtrademarkreview.com/brand-management/romag-v-fossil-no-intent-required-in-trademark-disputes-secure-profits-awards (subscription required).